1-1 By: Brown S.B. No. 792
1-2 (In the Senate - Filed March 10, 1993; March 11, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 6, 1993, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; April 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to contents and recording of abstracts of judgment.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Subchapter A, Chapter 52, Property Code, is
1-20 amended by adding Section 52.0041 to read as follows:
1-21 Sec. 52.0041. ADDRESS REQUIREMENT FOR RECORDING ABSTRACT.
1-22 (a) A judgment abstracted after September 1, 1993, may not be
1-23 recorded unless:
1-24 (1) a mailing address for each plaintiff or judgment
1-25 creditor appears on the abstract of judgment; or
1-26 (2) a penalty filing fee equal to the greater of $25
1-27 or twice the statutory recording fee for the abstract is paid.
1-28 (b) The validity of an abstracted judgment as between the
1-29 parties is not affected by a failure to include an address for each
1-30 plaintiff or judgment creditor in the abstracted judgment.
1-31 (c) Payment of a filing fee and acceptance of the abstract
1-32 of judgment by a county clerk for recording creates a conclusive
1-33 presumption that the requirements of this section have been met.
1-34 SECTION 2. Section 52.003, Property Code, is amended to read
1-35 as follows:
1-36 Sec. 52.003. Contents of Abstract. (a) An abstract of a
1-37 judgment must show:
1-38 (1) the names of the plaintiff and defendant;
1-39 (2) the birthdate and driver's license number of the
1-40 defendant, if available to the clerk or justice;
1-41 (3) the number of the suit in which the judgment was
1-42 rendered;
1-43 (4) the defendant's address, or if the address is not
1-44 shown in the suit, the nature of citation and the date and place of
1-45 service of citation;
1-46 (5) the date on which the judgment was rendered;
1-47 (6) the amount for which the judgment was rendered and
1-48 the balance due;
1-49 (7) the amount of the balance due, if any, for child
1-50 support arrearage; and
1-51 (8) the rate of interest specified in the judgment.
1-52 (b) An abstract of a judgment may show a mailing address for
1-53 each plaintiff or judgment creditor.
1-54 SECTION 3. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended,
1-59 and that this Act take effect and be in force from and after its
1-60 passage, and it is so enacted.
1-61 * * * * *
1-62 Austin,
1-63 Texas
1-64 April 6, 1993
1-65 Hon. Bob Bullock
1-66 President of the Senate
1-67 Sir:
1-68 We, your Committee on Jurisprudence to which was referred S.B.
2-1 No. 792, have had the same under consideration, and I am instructed
2-2 to report it back to the Senate with the recommendation that it do
2-3 pass and be printed.
2-4 Henderson,
2-5 Chairman
2-6 * * * * *
2-7 WITNESSES
2-8 FOR AGAINST ON
2-9 ___________________________________________________________________
2-10 Name: Joan Douglas x
2-11 Representing: Myr & Cty Cncl of Houston
2-12 City: Houston
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